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Friday, 19 June 2015

SWAZI CHIEF JUSTICE’S HISTORY OF ABUSE

Swaziland’s Chief Justice Michael Ramodibedi who
has been sacked by King Mswati III had a long history
of abusing his power in office.

But, despite widespread criticisms from across the
world, Ramodibedi was allowed to remain in power.

His dismissal for ‘serious misbehaviour’,will come as a shock to the man
himself and as a puzzle to many observers of Swaziland because until now he had
the support of the autocratic King. In return Ramodibedi gave unswerving
loyalty to the King who rules Swaziland as sub-Saharan Africa’s last absolute
monarch.

The King appointed Ramodibedi, who is from Lesotho,
as acting Chief Justice in 2010.

On 16 June 2011, Ramodibedi issued a directive that
ensured the King would be above the law in his own kingdom.

Under s11 of the Swaziland
Constitution the King was already immune from any
suit or legal process ‘in any cause in respect of all things done or omitted to
be done by him’. This was further reinforced by Ramodibedi’s explicit practice
directive stated that immunity applied for any claims made indirectly against
the King.

The King was clearly satisfied with Ramodibedi’s
conduct and in 2012 he appointed him the substantive Chief Justice for an
indefinite period. This was done in contravention of the Swazi Constitution,
which states that the Chief Justice must be a Swazi.

In Swaziland, the King chooses government ministers
and top judges. Political parties are banned from taking part in elections and
all groups opposing him are banned under the Suppression of Terrorism Act.

Ramodibedi had been in the spotlight for a number of
years over the way he ran the Swazi judiciary on behalf of the King.

Many allegations of abuse of power have been made
from lawyers within Swaziland and also by the international human rights
community.

The three judges were Mumcy Dlamini, Bheki Maphalala
and Mbutfo Mamba.

Reportedly, arrest warrants were issued because the
CJ felt the judges were ‘ignoring his orders and bringing the High Court into
disrepute’.

It was reported
at the time that should the warrants be effected
and the judges arrested, the CJ planned to appoint interim judges himself.

This was not an isolated incident of abuse of power.
In a report on Swaziland covering the year 2011, Human
Rights Watch stated, ‘Serious deficiencies in Swaziland’s
judicial system persist. In an ominous precedent for the independence of the
judiciary, Chief Justice Michael Ramodibedi in August suspended Justice
Thomas Masuku for insubordination and for insulting
the king, among other charges.’

It added, ‘On August 11 [2011] Justice Masuku
appeared before the Judicial Service Commission (JSC), whose six members are
appointed by the king. On September 27 [2011] the king relieved Judge Masuku of
his duties for “serious misbehavior.” Justice Masuku had in the past made
several rulings in favor of human rights.’

David Matse, the Swaziland Minister for Justice, was
fired from his job because he refused to sign the
dismissal letter for Masuku.

Human Rights Watch added, ‘Control over the daily
allocation of cases for hearings, including urgent ones, has been placed solely
in the hands of the chief justice, creating what is perceived by lawyers as an
unacceptable bias in the administration of justice. In August [2011] the Law
Society of Swaziland instituted a boycott of the courts to protest these
developments and the failure of the authorities to hear its complaints
regarding the running of the courts, including the chief justice’s allocation
of cases. On September 21[2011], Law Society members delivered a petition to
the minister of justice calling for action to address the decisions of the
chief justice and the general administration of justice in the court system.’

In August 2011, Swazi
police in bullet-proof vests and armed with
shotguns and tear gas canisters invaded a meeting of lawyers in the Swaziland
High Court, which had been called to discuss their on-going campaign to get
Ramodibedi removed from office. Reports in the Swazi media said the Chief
Justice himself ordered the police to break up the meeting.

In September 2011, the Centre
For Human Rights, Swaziland, reported, ‘Swaziland lawyers
embarked on the court boycott after the CJ issued a series of unlawful practice
directives, to all courts of the land, directing them not to admit certain
cases. In one directive, the CJ instructed the Registrar that cases would only be
allocated to judges by the CJ himself, and no other officer. In another
practice directive, issued in June 2011, the CJ instructed the Registrar and
officers of all courts in the land that cases involving the king should not be
admitted. These regrettable actions of the CJ were largely viewed as
interference not only with the administration of the courts, but also as a
denial of the fundamental right to access justice.’

In November 2011, the Open Society Initiative for
Southern Africa (OSISA) reported,
‘Lawyers have been boycotting the courts for almost four months in protest at
the maladministration of justice
in the country by the incumbent Chief Justice, Michael Ramodibedi. But this
week, they upped the pressure on the Chief Justice by staging a mass walk-out
of the Supreme Court. This left all suspects and people with civil cases with
no legal representation.

‘But astonishingly, the Chief Justice ordered that
all cases be heard with or without the lawyers. This, as some have already
observed, is the height of injustice. The Chief Justice is also on record as
praising people who represented themselves saying that they actually argue “much
better than the lawyers”.

‘Subsequent to the directive to proceed without the
lawyers, Ramodibedi then went another step further - banning all lawyers from
setting foot in the High Court. A heavily armed police contingent has been
posted in and around the High Court premises and only government lawyers and
people with cases have been allowed to enter. Banned from meeting at the High
Court, the lawyers opted for a very innovative strategy, using their vehicles
to “march” through the capital city in protest and brining the city to a
stand-still - much to the consternation of the police.’

Ramodibedi was sacked on 17 June 2015 by the King
after a Judicial Service Commission hearing into
allegations of abuse of office.

1. Abuse of office – In
the allocation of the Swaziland Revenue Authority (SRA) matter which was heard to hear a case brought by
Ramodibediagainst the SRA for taxing
his gratuity to the amount of E128 000 (US$12,800).

2. Abuse of office – In
the hearing of the Impunzi Wholesalers (PTY) Ltd v The Swaziland Revenue Authority, in
which it is alleged wealthy businessmen offered judges E2 million to help them
win their case against the SRA involving the importation of goods into the
kingdom.

3. Abuse of office in
order to achieve an ulterior motive – In the hearing of the Estate Policy matter, where it is alleged Ramodibedi appointed three acting High
Court judges to hear the case when their terms of office had expired.

Following the hearing, the JSC reported to King Mswati
who then made the decision to sack his Chief Justice.